TERMS AND CONDITIONS
This website, www.PropertyCase.com, (hereinafter referred to as " PropertyCase.com ") is owned, hosted and operated by RUBRIC INTERNET SOLUTIONS PVT LTD, having its registered office at L2 Raheja Centre Point, 294 CST Road, Santacruz (E), Mumbai 400 098
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOU EXPLICITLY UNDERSTAND AND AGREE THAT YOU HAVE GONE THROUGH THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS GIVEN BELOW, YOU SHOULD NOT ACCESS OR USE PropertyCase.com . RUBRIC INTERNET SOLUTIONS PVT LTD may update/amend/modify these Terms and Conditions at any time, with ot without notice, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on PropertyCase.com .
PropertyCase.com provides real estate services to you subject to the following conditions. If you visit or sign up at www.PropertyCase.com, it is deemed that you accept these conditions. In addition, you also will be subject to the guidelines and conditions applicable when you use any of the current or future PropertyCase.com services whether or not included in the PropertyCase.com Web site.
The terms 'service' or 'services' would mean to include the all online information, tools and content offered by PropertyCase. The terms would include to mean all search and listing tools through which the user can search/browse through the PropertyCase.com databases.
The term service does not extend to PropertyCase.com acting as an agent either express or implied on behalf of any user/customer. PropertyCase and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of PropertyCase.com , shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time.
RUBRIC INTERNET SOLUTIONS PVT LTD subsists the right to terminate your access, block your future access and/or seek any such additional relief as it deems fit for any act on your part, inconsistent with these Terms and Conditions Submission and administration of listings RUBRIC INTERNET SOLUTIONS PVT LTD may also suspend the operation of PropertyCase.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
Only such customer who is an owner shall submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to PropertyCase unless the Customer has acquired/received all necessary rights and authorizations from the owner of such property or the Power-Of-Attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on PropertyCase.com .
The customer shall disclose all material information like status and nature of property, whether the property is free from encumbrances or not in respect of all such property(s) submitted. The customer in addition shall furnish a brief and clear background of such property in respect of title, ownership and possession, RUBRIC INTERNET SOLUTIONS PVT LTD may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time.
RUBRIC INTERNET SOLUTIONS PVT LTD will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. RUBRIC INTERNET SOLUTIONS PVT LTD may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision.
The Customer is solely responsible for the content and information that he/she posts or transmit through PropertyCase.com services. The Customer shall not post or transmit any content or information [in whatever form they may be contained] that is defamatory, blasphemous, abusive, obscene, sexually oriented, profane, intimidating, illegal or in violation of the rights of any person, including intellectual property rights.
RUBRIC INTERNET SOLUTIONS PVT LTD reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on PropertyCase without notice. RUBRIC INTERNET SOLUTIONS PVT LTD accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. The Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to PropertyCase.
Copyright All contents included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of PropertyCase.com or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of PropertyCase.com and protected by Indian and international copyright laws.
All software used on this site is the property of PropertyCase.com or its software suppliers and protected by Indian and international copyright laws. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
PropertyCase.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in their sole discretion. Payment Terms RUBRIC INTERNET SOLUTIONS PVT LTD does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security.
RUBRIC INTERNET SOLUTIONS PVT LTD uses the maximum care as is possible to ensure against any misuse of any data / information in respect of electronic transfer of money. RUBRIC INTERNET SOLUTIONS PVT LTD shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in case of failed transactions RUBRIC INTERNET SOLUTIONS PVT LTD gives no gurantee whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of RUBRIC INTERNET SOLUTIONS PVT LTD.
Use of information Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to RUBRIC INTERNET SOLUTIONS PVT LTD. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of RUBRIC INTERNET SOLUTIONS PVT LTD.
PropertyCase.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.
Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device.
Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice. Intellectual Property rights All logos, brands, trade marks and service marks ("Marks") appearing in PropertyCase are the properties either owned or used under license by RUBRIC INTERNET SOLUTIONS PVT LTD and / or its associates.
All rights accruing from the same, statutory or otherwise, wholly vest with RUBRIC INTERNET SOLUTIONS PVT LTD / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited.
Any violation of the above would constitute an offence under the prevailing laws of India. RUBRIC INTERNET SOLUTIONS PVT LTD respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. In a case where a user/users are found to be using PropertyCase.com as a platform to infringe the Intellectual Property Rights of others, RUBRIC INTERNET SOLUTIONS PVT LTD will be free to terminate this agreement forthwith without any notice to the user.
You hereby expressly agree to abide by the following Restrictions/Prohibitions:
- Edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in PropertyCase except as permitted. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from PropertyCase or link to PropertyCase, without our express written consent.
- Users undertake that the services offered by PropertyCase shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail.
- Attempt or breach security or authentication measures without proper authorization;
- Access data not intended for you or log into server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network.
- Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind to PropertyCase.com , overloading, Flooding, mail bombing or crashing.
- The user shall not utilize the services offered by PropertyCase in any manner so as to impair the interests and functioning of RUBRIC INTERNET SOLUTIONS PVT LTD/PropertyCase.
RUBRIC INTERNET SOLUTIONS PVT LTD reserves the right to filter and monitor and block the emails/messages sent by you/user using the servers to maintained by RUBRIC INTERNET SOLUTIONS PVT LTD to relay emails. All attempts shall be made by RUBRIC INTERNET SOLUTIONS PVT LTD and the user to abide by International Best Practices in containing and eliminating Spam. Violations of system or network security may result in civil or criminal liability and would be prosecuted against under internet and cyber law.
DISCLAIMER
USE OF PropertyCase.com IS AT YOUR SOLE RISK. THE CONTENT, SERVICES AND TOOLS AT PropertyCase.com IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
THE CONTENT, SERVICES AND TOOLS OF PropertyCase.com IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. RUBRIC INTERNET SOLUTIONS PVT LTD. AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF PropertyCase.com .
RUBRIC INTERNET SOLUTIONS PVT LTD makes no warranty that the service shall meet your requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does RUBRIC INTERNET SOLUTIONS PVT LTD make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
Nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and RUBRIC INTERNET SOLUTIONS PVT LTD. makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and RUBRIC INTERNET SOLUTIONS PVT LTD. makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
All confidential information (including name, e-mail address etc.) voluntarily revealed by you in chat and bulletin board areas, is done at your sole discretion and risk. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of PropertyCase.com and the company accepts no responsibility or liability whatsoever for such actions. PropertyCase.com may divulge confidential information if required by law. By agreeing to register at PropertyCase.com a user allows PropertyCase.com to get in touch with him/her from time to time on events or offers. This could include exciting offers, information, as well as promotions. PropertyCase.com can use your email address and/or telephone number for this purpose.
LIMITATION OF LIABILITY
RUBRIC INTERNET SOLUTIONS PVT LTD. will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
RUBRIC INTERNET SOLUTIONS PVT LTD. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer?s data/information. RUBRIC INTERNET SOLUTIONS PVT LTD. shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person?s computer related to or resulting from participating or downloading materials/information from the website.
While providing services, PropertyCase.com may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against PropertyCase.com only and not against such persons or organizations.
TERMINATION
RUBRIC INTERNET SOLUTIONS may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to PropertyCase.com (or any part thereof) for any reason, including, without limitation, that RUBRIC INTERNET SOLUTIONS PVT LTD. based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Idemnification Submissions and unauthorized use of any information(s)/materials contained on PropertyCase.com may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. You agree to defend, indemnify, and hold harmless, RUBRIC INTERNET SOLUTIONS PVT LTD. and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of PropertyCase.com material or your breach of these Terms and Conditions.
ARBITRATION
If any dispute arises between a user/users and RUBRIC INTERNET SOLUTIONS PVT LTD. arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by RUBRIC INTERNET SOLUTIONS PVT LTD.. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai.
The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. Severability of provisions THIS AGREEMENT between you and RUBRIC INTERNET SOLUTIONS PVT LTD. governs your use of PropertyCase.com. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions. Waiver The failure of RUBRIC INTERNET SOLUTIONS PVT LTD. to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to PropertyCase.com as well as these Terms and Conditions. Jurisdiction Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to PropertyCase.com and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to PropertyCase.com. RUBRIC INTERNET SOLUTIONS PVT LTD. does not routinely monitor your postings to the web site but reserves the right to do so.
However, if RUBRIC INTERNET SOLUTIONS PVT LTD. becomes aware of an inappropriate use of PropertyCase.com or any of its Services, RUBRIC INTERNET SOLUTIONS PVT LTD. will respond in any way that, in its sole discretion, RUBRIC INTERNET SOLUTIONS PVT LTD. deems appropriate. You acknowledge that RUBRIC INTERNET SOLUTIONS PVT LTD. will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, RUBRIC INTERNET SOLUTIONS PVT LTD. will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. RUBRIC INTERNET SOLUTIONS PVT LTD. reserves all other rights.